OK - Jan 6 defendant Christopher Manley has just pleaded not guilty and wants his detention reviewed. DDC Magistrate Judge Farqui proposes Mon Dec 27 but Assistant US Attorney says he'll be out of town. Inner City Press will live tweet - threadette below
DDC Magistrate Farqui says, Why don't we have the bail hearing this afternoon?
AUSA says he has an appointment - for a COVID test for his vacation.
There's a pause - thread will continue. Here's DOJ's press release: justice.gov/usao-dc/pr/ala…
Judge Farqui said to reconvene at 3:30 pm, he'll 1st have to decide if he can hear Manley's detention appeal or it has to wait to go to District Judge. He tells the soon-to-vacation AUSA he can just call in at 3:30 even from the COVID test site. Aiming to cover it
AND we're back - in US v. Christopher Matthew Manley. The AUSA thanks Judge Faruqui for accommodating his schedule (of Covid testing to go on vacation.)
Judge Faruqui: I believe here this must go to the District Judge, Tanya S. Chutkan.
Judge Faruqui: You get only two bites at the apple, or three if you go to the Circuit like in Munchel. Here, there are no material changes since the full hearing there in Alaska [Yes, Alaska]. So, appeal to Judge Chutkan, she'll review it de novo.
Judge Faruqui: I'm the low man on the totem pole. When I look at you I see an innocent person, but I can only act when I have authority. Manley's lawyer: We will be appealing to Judge Chutkan. Thank you. Happy holidays
Adjourned.
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OK - now jury returns in Minnesota v. Kim Potter, Inner City Press will live tweet, thread below (this while jury in US v. #GhislaineMaxwell is not deliberating today)
Judge: Would Ms. Potter please rise? In matter of State of MN v. Potter, we the jury on the charge of manslaughter in the first degree... find the defendant GUILTY
Judge: On the second charge... guilty. Agreed to on Dec 21.
Members of the jury, is this your verdict?
Yes. Yes [etc] Polling of jury.
Judge Nathan took to the bench at 10:10 am and said, I've gotten a note. The jury wants the transcripts of the testimony of Jane, Annie and Carolyn.
It will be assembled and sent to them via the Court Security Officer, who's been sworn in for this function.
Courtroom is empty again; three long transcripts going back to jury. For now, Inner City Press has objection and uploaded the (partially redacted) US Attorney's Office slides from yesterday's closing argument, put 'em here on DocumentCloud documentcloud.org/documents/2116…
OK - in US v. #GhislaineMaxwell, now AUSA Maurene Comey's rebuttal summation - with all slides and demonstratives withheld from Press and public. Inner City Press challenged documentcloud.org/documents/2116… and will live tweet Comey's rebuttal, thread below
AUSA Comey: Ghislaine Maxwell touched three witnesses breasts. The defense tried to get you to look way through the massive amount of evidence Ms. Moe walked you through this morning [all slides and demonstratives withheld from public and Press]
AUSA Comey: You saw it in this exhibit [withheld] - who needs that many massages? She was in the room, she knew. The $30 million is "we molested kids together" money.
OK - in US v. #GhislaineMaxwell now defense closing by Laura Menninger. Inner City Press covered US' closing, with all slides withheld (UNdocketed challenge here documentcloud.org/documents/2116…, and will live tweet this, thread below
Maxwell's lawyer Menninger: I am not here to defend Jeffrey Epstein. He is not my client. The US presented evidence like a sensational tabloid. Private island, photos. These were things that Epstein did, perhaps, his crimes. But Ghislaine Maxwell is not Epstein
Menninger: Where are the other 37,000 photographs? Who was in them? You don't know. They didn't bring you those photos. There were folders and binders. But they brought you the most innocuous photos of a couple that was once together.
OK - now US v. #GhislaineMaxwell day of closing arguments begins, after AUSA Maurene Comey Sunday afternoon said public and press should not see the slides in real time. Inner City Press opposed and will live tweet, thread below patreon.com/posts/60104483
Judge Nathan asks if the exhibits that have been withheld throughout the trial have at least been put in the public docket this morning. No - only on DOJ's USAfx password protected site. And no defense exhibits in sight. #CourtroomConfidential
Amid secrecy, lunch time for jurors is being discussed.
Judge Nathan: The government will go straight through "then an early lunch." The defense, then rebuttal, charge and deliberations possibly beginning today. A comfort break somewhere in there.
OK - in US v. #GhislaineMaxwell, it's the Saturday "charging conference" to argue how the jury will be instructed before they deliberate on Maxwell's fate. Inner City Press will live tweet, thread below. #MaximumMaxwell
Judge Nathan: I have distributed my draft charge. Now we will discuss it.
Maxwell's lawyer Everdell: We say foreign commerce should be excluded. There's no evidence in the record about Ms. Maxwell enticing Virginia Roberts, only of Roberts enticing Carolyn.
AUSA: We're OK with removing foreign commerce from Counts 1-4.
[Note: Ghislaine Maxwell is here, sitting in the corner as ever with two (female) U.S. Marshals behind her, today in gray sweater.]
Judge Nathan: Mr. Everdell, help me find each "foreign commerce."